1180 FREDERICK COUNTY. [ART. 11.

not present in person or by agent, the sheriff for him, may strike

off four jurors, and the remaining twelve shall act as a jury of
inquest and damages.

1870, ch. 98.

327. The jury in estimating the damages shall take into con-
sideration the benefit resulting to the owner from the opening
and laying out of said streets, lanes and alleys, through, along or
near to the property of the owner, but only in extinguishment of
the claims for damages; and the jury shall reduce their inquisi-
tion to writing, and shall sign and seal the same; and it shall then
be returned by the sheriff to the clerk of the circuit court for the
county, and shall be confirmed by the said court at its next ses-
sion, if no sufficient cause to the contrary be shown, and when

confirmed shall be recorded by the clerk, at the expense of the

commissioners.

Ibid.

328. If said inquisition be set aside, the court may direct
another to be taken in the same manner as the first; every in-
quisition shall describe the property taken or the bounds of the
land condemned, and the quantity and duration of the interest in
the same therein valued; and such valuation when paid or ten-
dered to the owner of the property or his legal representatives,
,ehall entitle the commissioners to the estate, use and interest in
the same, so valued for the purposes aforesaid, as fully as if the
same had been conveyed by the owner; and the valuation, if not
received from the said commissioners when tendered, may at any
time thereafter be received without cost by the owner or his legal
representatives.

Ibid.

329. The president and commissioners shall have power to
levy and collect taxes in the town, not exceeding in any one year
thirty cents in the one hundred dollars valuation, on the assess-
able property of the town; and they shall once in five years, or
oftener if they think proper, appoint an assessor, who shall, under
oath, assess and value the property in the town, in the same
manner and with like authority as county assessors; provided,
that the taxable limits of the town shall include all that part of
the town now improved, and all that part recently laid off and